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Top Criminal Barrister QC and Leading Rape Defence Counsel

DISCRETIONARY LIFE IMPRISONMENT

October 7, 2015

An extended sentence comprising a 12-year custodial term and a five-year extension period was appropriate in the case of an offender who had vaginally and anally raped a friend, handcuffing her and pressing a pillow over her face. A discretionary life sentence was not justified.

CRIMINAL JUSTICE ACT 2003 Pt 12 s.225 DANGEROUSNESS DISCRETIONARY LIFE IMPRISONMENT EXTENDED SENTENCES RAPE s.143 s.22 s.224A s.225 s.226A s.226A(8) s.240ZA s.263 SENTENCING

May 19, 2015

Life sentences coupled with minimum terms ranging from 17 to 12 years were appropriate in the case of four men who had been convicted of serious sexual offences following their involvement in one of the worst cases of child exploitation to come before the courts.

APPROPRIATENESS OF LIFE SENTENCES FOR SERIOUS SEXUAL OFFENCES AGAINST CHILDREN CHILD PROSTITUTION OFFENCES CHILD SEX OFFENCES CONSPIRACY DISCRETIONARY LIFE IMPRISONMENT MINIMUM TERM RAPE RAPE OF CHILD UNDER 13 SENTENCE LENGTH SENTENCING TRAFFICKING FOR SEXUAL EXPLOITATION VICTIM IMPACT

June 28, 2013

A discretionary life sentence with a minimum term of four years for offences of false imprisonment, committing an offence with intent to commit a sexual offence and sexual assault was manifestly excessive. Such a sentence was to be reserved for the gravest offences and a sentence of detention for public protection with a three-year minimum term was appropriate.

AGGRAVATING FEATURES APPROPRIATE MINIMUM TERM DETENTION FOR PUBLIC PROTECTION DISCRETIONARY LIFE IMPRISONMENT EXTENDED SENTENCES MINIMUM TERM OFFENDING ON LICENCE PUBLIC PROTECTION SENTENCING SERIOUSNESS OF OFFENCE SERIOUSNESS OF SEXUAL ASSAULT ON SCHOOLGIRL SEXUAL ASSAULT STARTING POINT VICTIM PERSONAL STATEMENTS WHETHER DISCRETIONARY LIFE SENTENCE MANIFESTLY EXCESSIVE YOUNG OFFENDERS

January 23, 2013

A discretionary life sentence imposed under the Powers of Criminal Courts (Sentencing) Act 2000 for assault on a child under 13 by penetration was not excessive. The offender was a predatory paedophile with previous convictions for sexual offences against children and the offence was of sufficient seriousness to warrant life imprisonment.

ASSAULT OF CHILD UNDER 13 BY PENETRATION CHILD SEX OFFENCES DANGEROUS OFFENDERS DISCRETIONARY LIFE IMPRISONMENT DISCRETIONARY LIFE SENTENCE OFFENCES OCCURRING IN 2004/2005 POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.76 s.82(2)(b) s.85 s.91 SENTENCING SENTENCING GUIDELINES SERIOUSNESS OF OFFENCE SERIOUSNESS OF OFFENCE AND DANGEROUSNESS OF OFFENDER SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT OF CHILD UNDER 13

May 1, 2001

The absence of any indication of the period of time after which the appellant could be considered no longer to pose a risk of future offending meant that an indeterminate sentence was required.

ADMINISTERING A STUPEFYING DRUG ADMINISTRATION OF DRUG FOR PURPOSES OF SEXUAL ASSAULT CRIMINAL PROCEDURE DEGREE OF RISK DISCRETIONARY LIFE IMPRISONMENT DRUGS IMPOSITION OF LIFE SENTENCE LIFE IMPRISONMENT MANSLAUGHTER MIDAZOLAM NURSES POSITION OF TRUST PRIMARY DUTY TO POTENTIAL VICTIMS PSYCHIATRIC ASSESSMENTS RAPE RISK OF FUTURE OFFENDING RISK TO PUBLIC SENTENCING

Contact Stephen

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"HISTORIC" OFFENCES ABUSE OF POSITION OF TRUST ADMISSIBILITY AGGRAVATING FEATURES ASSAULT BY PENETRATION ATTEMPTS BAD CHARACTER BUGGERY CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CHILDREN CHILD SEX OFFENCES CONSENT CREDIBILITY CRIMINAL EVIDENCE CRIMINAL LAW CRIMINAL PROCEDURE CROSS-EXAMINATION DANGEROUSNESS DELAY EXTENDED SENTENCES FRESH EVIDENCE GUILTY PLEAS HUMAN RIGHTS IMPRISONMENT FOR PUBLIC PROTECTION INCONSISTENT VERDICTS INDECENT ASSAULT INDECENT PHOTOGRAPHS OF CHILDREN JURY DIRECTIONS MINIMUM TERM PREVIOUS CONVICTIONS RAPE RAPE OF CHILD UNDER 13 RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE SENTENCE LENGTH SENTENCING SENTENCING GUIDELINES SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT SEXUAL ASSAULT OF CHILD UNDER 13 SEXUAL OFFENCES SEXUAL OFFENCES PREVENTION ORDERS SUMMING UP TOTALITY OF SENTENCE UNDUE LENIENCY YOUNG OFFENDERS